Legal Opinion

State ex rel. Dreibelbiss v. Berghoff

Indiana Supreme Court

Decided April 10, 1902No. 19,667PublishedCited by 8 opinions

From Allen Circuit Court; E. O’Rourke, Judge. Mandamus by State on the relation of Robert B. Dreibelbiss, against Henry C. Berghoff, mayor of the city of Ft. Wayne. From a judgment in favor of respondent, relator appeals.

1Opinion of the CourtDowling, J.

The relator, claiming title to the office of municipal judge of the city of Fort Wayne, by the appointment of the Governor, tendered to the appellee, the mayor of said city, his official bond properly executed, with sufficient sureties, and demanded that such bond be approved. His demand was refused, and he sued out of the Allen Circuit Court a writ of mandamus requiring the appellee to approve the said bond, or show cause why he should not be compelled to do so. The appellee filed his return and answer to the verified application and alternative writ, and the appellant demurred thereto for…

2Cases cited15 opinions

  1. Price v. HopkinMichigan Supreme Court · 1865
  2. Rice v. RuddimanMichigan Supreme Court · 1862
  3. Crocket v. StateIndiana Supreme Court · 1870
  4. Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
  5. Townsend v. StateIndiana Supreme Court · 1897

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3Cited by8 opinions

  1. State ex rel. Wilkinson v. LaneSupreme Court of Alabama · 1913
  2. Lambert v. Bd. Trustees Public LibraryCourt of Appeals of Kentucky · 1913
  3. State Ex Rel. Baker v. GrangeIndiana Supreme Court · 1929
  4. Hyland v. RochelleIndiana Supreme Court · 1913
  5. Princeton Coal Mining Co. v. LawrenceIndiana Supreme Court · 1911

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